The provisions of Article 85 of the Law on the Constitutional Court and Constitutional Procedures establish that the amparo judge shall, ex officio, supply any legal ground and may, in a single judgment, decide both on the merits and on any incidental matters, if any...
When I attended Law School, in my inheritance law classes, we discussed whether a biological child could inherit even if he or she had not been conceived during the lifetime of the father. When this discussion arose, our professor emphasized the need to reform the...
Despite the apparent simplicity of the question posed at the beginning of this essay, we cannot deny the multiple concepts that intersect in order to provide an adequate answer. First, legal interpretation through the literal method implies attributing to the norm its...
Before indicating which interpretative theories I use—or believe I use—in my practice as a judicial operator, I must briefly explain what I do. I am a judge of a Court of Appeal in a specialized area of our legal system, namely real estate law. In my country, matters...
First, it should be noted that the control of conventionality, the control of constitutionality, and the principle of interpretation in conformity form part of our legal system and may indeed be applied by Dominican courts. If we examine the provisions of Article 74,...
Author Hernán Alejandro Olano García, in his essay “Theory of Conventionality Control,” explains this concept as follows: The interrelationship between international human rights courts and national courts is what has come to be known as conventionality control, which...
